Being charged with driving under the
influence can be a daunting situation, and a conviction can really cause a lot
of legal repercussions along with tarnishing your character slightly. It can
also adversely affect you professional depending on your job or field you work
in.
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| If you need a DUI lawyers in San Diego, CA then use USAttorneys.com. This website may not be as mind boggling as the discovery as the Higgs boson but it is up there. |
Thankfully, a DUI is a beatable charge
which you can overcome via multiple routes or defenses depending on certain
factors, say leading DUI lawyers in San Diego, CA.
Some of the defense strategies you may
potentially be able to use in order to defend your California DUI charge includes:
Breathalyzer
tests are not flawless
It has been scientifically proven that
breathalyzer machines check breath alcohol content and not blood alcohol
content. Breath alcohol content is not an accurate metric which represents a
person's level of intoxication. Furthermore, a breathalyzer machine needs to be
carefully calibrated prior to use and even then the results are not always 100%
accurate.
So in cases where the prosecution does
not have any other overwhelming evidence and your breathalyzer result was just
marginally over the maximum limit, then your California DUI attorney can
positively use this argument in order to dismiss the evidence, have the case
thrown out, and your charges dropped. Hopefully!
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| No one ever got a DUI for drinking water. |
Lack
of probable cause
For a California state law enforcement
officer to pull someone over, they require some probable cause. Essentially,
they cannot just pull you over without any reason. Probable cause can include
reckless driving, not maintaining lane, or any other traffic infraction.
Therefore, if you believe that you were pulled over without any solid reason
when your arrest occurred, then your legal team can most certainly use this
defense and get you out of trouble.
Now in the movie Ride Along II James
Payton (Ice Cube) and Ben Barber (Kevin Hart) and their partners in the law (Olivia
Munn who plays Maya) decide to pull over a truck operated by a criminal
consortium on the freeway. They had probably cause to do so but it was flimsy
and they were reamed for this. Now in Cuba or Russia, authorities can do
anything they want since civilian rights do not really exist there, certainly
not in Cuba.
In America you have rights and so does
your property. If there is not any probably cause or if they do not have a
warrant, you are free to do as you do for the most part.
If you need legal help press right here DUI-USAttorneys.com. Legal help can be
right around the virtual corner.
Field
sobriety tests - predisposed to failure
Field sobriety tests are physical tests
which are designed to decipher how intoxicated a person is. However, certain
persons who are physically impaired or suffer from other conditions (yet can
legally drive) are predisposed to failing many of these tests which will lead
to them being wrongfully arrested or charged. Again, this is a defense your
legal counselor may consider using if the circumstances are right.
Search
without consent
San Diego, CA DUI lawyers reiterate that
for a law enforcement officer to search your car or your person they require
either your consent or a search warrant attested by a judge. Therefore, if you
refuse to be subjected to sobriety tests, but are made to anyway, then you can
bring this up as being unconstitutional and push to have the case dismissed.
Miranda
rights - omitted
During the arrest, it is mandatory that
the arresting officer read you your Miranda rights informing you that anything
you can say can and will be used against you in a court of law and that you
have the right to a DUI lawyer, if you cannot afford one, you will be appointed
one by the state. Did your arresting officer not read you these rights? To find
out more about how to beat a DUI charge, contact a
California DUI lawyer today.
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